u/cosmic-hedgehog

Is It Legal to Charge 21% VAT on a Residential Apartment in Barcelona?

Hi everyone, and thank you in advance to anyone who takes the time to read this and give advice - I would really appreciate it.

I live in Barcelona and moved into my apartment in May 2024. The place used to be an office, but it was remodeled into an apartment. There are still offices in the building, and there is a concierge, but I live here full-time as my only residence. I do not use it for work at all.

I have a normal residential rental contract. I am not autónoma/self-employed, I do not own a business, and my company does not pay for the apartment. I am simply an employee working at a separate office elsewhere.

Since moving in, I have been paying 21% VAT (IVA) on top of my rent every month. At first I did not question it because I am not very familiar with Spanish rental law, but recently my landlord sent me a 2.8% rent increase with only around 10 days’ notice before the next payment, which made me start looking into everything more carefully.

When I previously asked my landlord why I was paying IVA, she replied (translated from Spanish):

“Residential rent does not have VAT, but this is an office area that does have it. If you were self-employed, it could be deducted.”

Original Spanish:
“el alquiler residencial no tiene IVA pero esta es una zona de despachos que si lo tienen si fueras autónoma se podría descontar”

My questions are:

  • Is it legal for me to be charged 21% IVA if I am using the property purely as my home and have a residential contract?
  • Does the fact that the building/zone was originally offices change things legally?
  • Could I potentially stop paying IVA?
  • Is there any possibility I could reclaim the IVA I have already paid?
  • Also, is a 2.8% rent increase with such short notice legal in Barcelona/Spain?

Thank you again for any help or guidance.

reddit.com
u/cosmic-hedgehog — 2 days ago

Is It Legal to Charge 21% VAT on a Residential Apartment in Barcelona?

Hola a todos!! Lo siento, mi español no es bien.

Hi everyone, and thank you in advance to anyone who takes the time to read this and give advice - I would really appreciate it.

I live in Barcelona and moved into my apartment in May 2024. The place used to be an office, but it was remodeled into an apartment. There are still offices in the building, and there is a concierge, but I live here full-time as my only residence. I do not use it for work at all.

I have a normal residential rental contract. I am not autónoma/self-employed, I do not own a business, and my company does not pay for the apartment. I am simply an employee working at a separate office elsewhere.

Since moving in, I have been paying 21% VAT (IVA) on top of my rent every month. At first I did not question it because I am not very familiar with Spanish rental law, but recently my landlord sent me a 2.8% rent increase with only around 10 days’ notice before the next payment, which made me start looking into everything more carefully.

When I previously asked my landlord why I was paying IVA, she replied (translated from Spanish):

“Residential rent does not have VAT, but this is an office area that does have it. If you were self-employed, it could be deducted.”

Original Spanish:
“el alquiler residencial no tiene IVA pero esta es una zona de despachos que si lo tienen si fueras autónoma se podría descontar”

My questions are:

  • Is it legal for me to be charged 21% IVA if I am using the property purely as my home and have a residential contract?
  • Does the fact that the building/zone was originally offices change things legally?
  • Could I potentially stop paying IVA?
  • Is there any possibility I could reclaim the IVA I have already paid?
  • Also, is a 2.8% rent increase with such short notice legal in Barcelona/Spain?

Thank you again for any help or guidance.

reddit.com
u/cosmic-hedgehog — 2 days ago

I usually wear silver and think my undertone is cool, can someone confirm or deny it pls? Can post pics in daylight tomorrow

u/cosmic-hedgehog — 15 days ago
▲ 2 r/LegalAdviceEurope+1 crossposts

I’m in Spain. If you could take the time to read this and give advice, it would mean the world. I feel helpless and don’t know who to turn to. This was a private hospital if it makes a difference.

To make a very long story as short as I can, I was in the hospital for a week last year in June for non-stop vomiting and seizures. I was admitted via ambulance and spent some hours in the ICU. I was transferred to a room once my condition was stable enough.

After 2 days, I started being in agonising (!) pain. Agonising.
Whenever I pressed the call button, it triggered an intercom where nurses would ask what I needed. I’d respond saying I was in severe pain (even in Spanish, saying “dolor”), but they’d just hang up and no one would come. My Spanish isn’t great so I would sometimes just scream “dolor” (pain) in desperation to get help.

This happened multiple times a night for about 3 nights straight. Each time, I had to press the button 3–4 times, wait ~10 minutes between attempts, explain I was in pain, and still no one showed up. Eventually someone would come, but only after several tries. I felt incredibly helpless. I remember wanting to call the emergency number for help, but couldn’t, because I was already in the hospital.

When I asked them about it, they told me the intercom was broken and they couldn’t hear me properly.

After I was discharged, I emailed the hospital to complain. They sent a formal apology and said they would investigate internally.

I left severely traumatised, I would wake up at night afterwards sweating, having flashbacks. It made me suicidal and messed with my mental health severely.

It’s been almost a year but I’m still not okay. How is it legal that I was literally BEGGING for help and not getting any? I could have fainted, had a heart attack etc, and no one would have come to help.

I don’t want to just accept it and move on. Do I have grounds to sue?

reddit.com
u/cosmic-hedgehog — 17 days ago

Edit: FIXED! Control + D solved it, thank you!

Hey everyone :) my cat sat on my MacBook and did this to my netflix, how do I undo it please?

u/cosmic-hedgehog — 23 days ago